State v. Hembree and Jacobs

Defendants were charged by information with murder in the first degree and convicted of murder in the second degree. After unsuccessful motions for a new trial and in arrest of judgment, they appeal. Their plea was self-defense.

It was charged that on the 26th day of February, 1921, in the County of Butler, they shot and killed one Charlie Board with a shot gun.

For the State, the testimony showed that both of the defendants resided at the village or town of Qulin in said county and that the deceased lived a few miles from there, on a slough or body of water, where he had a contract to clear a…